Nanhamy v. JBanawana
1961Present : Sansoni, J.
D. M. NANEAMY, Appellant, and L. RAN AW ANA(Inspector of Police), Respondent
S. G. 753—M. C. Anuradhapura, 20964
Appeal—No appearance for accused-appellant—Dismissal—Re-instatement notpermissible—Criminal Procedure Code, s. 344 (2).
The Supreme Court has no power to re-instate a criminal appeal in whichno Counsel appeared on behalf of the accused-appellant but which was dismissedby the Court after consideration under section 344 (2) of the Criminal ProcedureCode.
Appear from a judgment of the Magistrate’s Court, Anuradhapura.Raja Bandar anayake, for the 1st Accused-Appellant.
A. A. de Silva, Crown Counsel, for the Attorney-General.
Cur. adv. vuU.
Commissioner of Agrarian Services v. IZumarasamy
March 10, 1961. Sansoni, J.—
The 1st accused-appellant appealed against his conviction for anoffence punishable under Section 396 of the Penal Code. When theappeal came on for hearing, no counsel appeared on his behalf but theCourt, after consideration of the appeal under Section 344 (2) of theCriminal Procedure Code, dismissed the appeal.
An application was thereafter made to reinstate the appeal, and thematter came up before me again. Crown Counsel then pointed out thatthere is no power to reinstate a criminal appeal which has been dealtwith.
Following the decision of Basnayake J. in Elo Singho v. Joseph1,I hold that Crown Counsel’s contention is correct. There have beencases where the Court has, acting in revision, set aside a previous ordermade in appeal on the ground that such an order was made per incuriam,but such cases must necessarily be rare, and this is certainly not sucha case since the appeal is based on questions of fact.
I therefore decline to interfere and I order that the sentence imposedby the Magistrate be carried out.
D. M. NANHAMY, Appellant, and L. RANAWANA (Inspector of Police), Respondent